City Council extends local emergency declaration, marijuana prohibition Tuesday

At its regularly scheduled meeting Tuesday, the City Council approved the extension of both a temporary moratorium on marijuana-related activities and a declaration of local emergency due to recent storms and flooding, among other issues.

MCE
The council discussed a staff report on city cost savings achieved from solar collectors and the Marin Clean Energy (MCE) program for the period of January to June, 2016.
In January, 2016, PG&E successfully petitioned the California Public Utilities Commission (CPUC) to increase its Power Charge Indifference Adjustment (PCIA) fee for MCE, due to PG&E’s loss of customers to the company. That fee was increased by 95 percent, which impacted the city’s savings. However, approx. 89 percent of city facilities participating in the MCE program still saved money during the six-month period compared to what they would have paid directly to PG&E, according to the city staff report.
Councilmember Alan Schwartzman pointed out that MCE had reduced its rates since the completion of the report. Councilmember Tom Campbell asked whether or not the 95 percent PCIA fee increase was temporary. Mayor Elizabeth Patterson responded, stating that a group of community-choice organizations have filed a petition asking the CPUC to review the issue, including an expiration of the rate increase and whether or not PG&E actually incurred increased costs due to the long-term MCE contracts and therefore whether or not that qualified them for recompense.

Medical and non-medical marijuana
Item 14-E on the council’s consent calendar was to approve an amendment to the city’s smoking ordinance to specify that the term “smoking” includes smoking medical or non-medical marijuana.
Item 15-B, under the heading of business items, asked the council to continue its Dec. 20, 2016 “interim urgency ordinance” prohibiting cultivation, commercial delivery, distribution, transportation, manufacturing, retail operations and testing facilities for medical and non-medical marijuana with the city; and to conduct a second reading of ordinances to amend marijuana regulations to include non-medical marijuana. The two items, along with the subject ordinances, were considered together for purposes of discussion and public comment.
Points of contention from councilmembers on the subject included various aspects of marijuana-related activities and the importance, or hastiness, of continuing the temporary moratorium in order to give the council time to create specific, pertinent ordinances. Some members of the public expressed concern about legitimate patients possibly losing access to their medical marijuana.
Mayor Patterson communicated the reasoning behind the moratorium-first approach, while other council members spoke to the importance of notification to the public regarding the council’s intentions and sufficient opportunity for public input.
Mayor Patterson explained that the city could avoid considerable staff time and city expense regarding marijuana regulation by imposing the immediate moratorium first, then adding allowances later, rather than doing nothing now, then trying to create ordinances to regulate activities after they have been occurring – a preventive measure.
All motions regarding the regulation of medical and non-medical marijuana were passed, with Councilmember Mark Hughes voting no. Hughes cited concerns about the cash-only nature of marijuana business and the subsequent danger of assault to delivery personnel; the ease of obtaining a medical marijuana card, even by youth; and on the other hand, the possibility of patients losing access to their medical marijuana due to potential, if unintended consequences of the temporary moratorium.

Local emergency declaration
By extending the declaration of local emergency due to flooding from recent storms, the city will qualify for financial assistance from outside government agencies. The motion to extend the declaration was approved by unanimous vote.

Sustainability Commission membership
The council considered a proposal from the community sustainability commission to amend its membership requirements in order to allow membership by anyone owning property in or working in the city, regardless of their city of residence. Some council members expressed objection, since a non-resident would not experience the consequences of any commission decision, and a contention that there should be enough qualified people living in the city to fill the positions.
The proposal was denied.Further information
To read or view a text or video transcript of this or any city meeting, visit the city’s web site at ci.benicia.ca.us or call the city at 746-4200.
The city of Benicia encourages all members of the public to participate in city government and attend city council and other city meetings. City council meetings take place at Council Chambers, City Hall, 250 East L St., on the first and third Tuesday of each month beginning at 7 p.m. Meetings stream live online at the city of Benicia web site at ci.benicia.ca.us and on Comcast Channel 27 or AT&T U-Verse Channel 99.
Copies of meeting agendas and supporting documents, as well as minutes (written transcripts) from previous sessions, are available at the city clerk’s office at city hall, the Benicia Public Library, or online at the city of Benicia web site under the heading Agendas and Minutes. Video transcripts of city meetings are also available on the website.
Contact the city of Benicia at 746-4200 or online at ci.benicia.ca.us. City offices are located at City Hall, 250 East L St., open Monday through Friday from 8:30 a.m. to 5 p.m.

Comments

The question that should be asked of MCE. Why in January of 2016 did MCE say they were not raising their rates. Guess what happened after PG&E with a 4/1 vote of consent then raised their rates. MCE then lowered their rates by about 13%. MCE$ should have lowered their rates in January when they had the chance. No they kept the money till they were forced to lower rates to be competitive. I call that fleecing the MCE customers. The one you should be going after is MCE for their failure to lower rates in January. Then the PUC on why the voted in favor of the increase 4/1 without information. It appears the PUC did have enough info to confirm the increase. So the villain is not PG&E it is MCE and the PUC. Get the info correct Mayor Patterson.

At present, 28 states plus D.C. have approved and regulate medical cannabis. 7 plus D.C. have enacted voter-approved adult (21+) use (“recreational”). Former City Manager Kilger once said that staff and elected officials must be cognizant of trends when formulating policy. It is clear the trend of recognizing the bonafide medical benefits of cannabis will eventually extend to all 50 states, and the likelihood of voter-approved “recreational” use by adults in all 50 will follow that.

Even though the Shaffer Commission in 1972 found that cannabis was not a danger to society and should be de-criminalized, their findings were ignored by the Nixon White House. Cannabis was placed as a Schedule 1 drug during formulation of the Controlled Substances Act of 1970, where it remains today. The Drug Enforcement Administration still considers cannabis a drug with “no medical value and a high potential for abuse”. Ironically, another branch of the federal government, the Department of Health and Human Services, holds a patent on cannabis as a medical treatment:

Just this past August, the DEA announced it would allow the cultivation of research cannabis outside of the tightly controlled federal “pot farm” at the University of Mississippi. This is positive movement towards getting cannabis off Schedule 1, and will increase the amount and variety of cannabis available to scientists seeking to develop cannabis types that target specific ailments in humans and animals.

I have been using a topical cannabis product to relieve joint pain associated with aging for many years. There is no doubt in my mind many other Benicia residents are using the same treatment. Prior to that, I was taking prescription opiates, but no longer do. Since I cannot acquire this product in Benicia, I acquire it in another city, as I suspect many other Benicia residents do. This represents sales tax leakage, which is sure to increase on Jan. 1, 2018 when Prop. 64, allowing unrestricted adult access to cannabis at licensed establishments, takes effect. I agree with restrictions on where cannabis can be smoked. Second hand smoke from burned vegetable matter is just not healthy, but the trend is favoring vaporizing (vaping) over traditional smoking as we know it. I believe that the smoking of cannabis plant material will be the least popular method of ingestion going forward. I agree that persons under the influence of cannabis purely for the psychoactive effects should not be operating vehicles or machinery.

I believe delivery of cannabis products to Benicia residents is happening now and will continue. The cannabis industry believes in good neighbor relations in the communities they operate in, so if somebody is delivering cannabis here, it is done discreetly and without any form of identification on the vehicles they use.

Stan, although vaping is gaining popularity, for me smoking whole flower is much better for my condition. THC & THCA (plus other components) are usually lost in producing concentrates. So for me & other medical cannabis patients, smoking the flower is the most effective way to medicate. I have found that THCA is very important in the relief of nausea & vomiting, but the THCA & THC act synergistically to provide the most relief.

So for some patients, the need to smoke the medical cannabis is a necessity and should be allowed in areas that allow cigarette smoking. If other people are allowed to take their prescribed medications (pills, dropper medications, salves, injections and inhalers.) in public, why are medical cannabis patients prohibited from medicating in public, also? That is the definition of discrimination!

Rick, I think it is the second hand smoke issue. Also, many people do not appreciate the smell. Not to mention the old contact high thing. I think the same rules that apply to cigarettes should apply to using MJ in public. Unless, you are at a rock concert at Oracle🙂

Interesting commentary. The work of cannabis research scientists today is reminiscent of the Human Genome Project that mapped our DNA over the course of about thirteen years. There is still a lot to be discovered about the “entourage effect” of the 85 known cannabinoids and other compounds produced by the cannabis plant. Of those, THC has become the boogeyman to many people because it is responsible for the high, which in itself has many variables depending on the amounts of CBD, CBG, CBN, etc.
We’ve come a long ways since the days of Harry Anslinger and the demonisation of cannabis as the precursor to crime and violence from otherwise law-abiding people who went crazy while high on “that s–t”.
I believe there will be continuing discoveries made by the cannabis research community, from both domestic and international partnerships, that will provide a full range of treatments for human and veterinary applications that can be administered by inhalers, gel caps, and edibles.
With regard to Benicia policy formation, do we allow only cannabis products that are under a certain threshold percentage of THC? Should we try to regulate how high a person can be in their own residence after acquiring dried cannabis and associated high-THC products on First Street?
My only concern about cannabis in Benicia is in the area of home cultivation. This should be allowed only in secured areas not visible from the street, such as a gated yard. For those inclined to harvest only the plant resins, the use of volatile solvent extraction processes should be prohibited.

My own experience with cannabis as medicine began in 2009, when my Kaiser clinician asked me if I wanted to try a topical cannabis product to relieve arthritic joint pain. At the time, I was taking Vicodin and we were concerned about the long term effects. I became a member of a collective (dispensary) in Sonoma County since Prop. 215-related cannabis products were not available in Solano County. I make the trip to Sonoma County about every two months. I no longer take Rx pain relievers.
Since that first recommendation, I have been following news stories, etc. about the medical benefits of cannabis. After passage of Prop. 64, I decided to learn more about the cannabis plant and its use as medicine in humans and animals. To this end, I enrolled as a Spring Semester student at Oaksterdam University in Oakland. I am learning about cannabis history, politics, law, cultivation, preparation, treatments, and business models. The students come from around the state, nation, and world.
I believe the present Benicia prohibition on cannabis sales is rooted in lingering opinions of it as “dope”, or “that s–t”, and that we will attract “unsavory characters” to our town to buy it. I don’t believe that will happen, and as previously mentioned a limited time business license to an established dispensary will allow those fears to be dispelled or proven out.
California is said to be the world’s sixth largest economy, and expected to improve that position with the recent passage of Prop. 64. This article pegs California consumer spending on cannabis at $30 billion annually, with $24 billion going underground.http://www.usatoday.com/story/money/nation-now/2016/11/18/california-marijuana-industry-25-billion-opportunity/94074848/
Some people will opine that my advocacy for cannabis as medicine is no more than “dope pushing”. Although I will admit to smoking several boxcars of weed in my youth, as a senior I am focused on pain management products, and in making those available to others in the community so they won’t have to go out of town and contribute to sales tax leakage. In the name of full transparency, I will admit to an occasional 15mg THC square of dark chocolate in the evening.

Today’s lecture is about the trichome, the resinous gland produced by the cannabis plant that contains the psychoactive THC component and other cannabinoids, as well as terpenes that produce the various fragrances, such as skunk, citrus, and berry. The percentages of all these components vary depending on cannabis strain. Trichomes are the sugary looking stuff on the flowers and leaves. The separation of trichomes from the plant surfaces is the basis of a variety of concentrated cannabis products. The following article gives a comprehensive view of several trichome extraction processes, including using heat and pressure. All of these are best left to commercial processes, although the “rosin” method seems pretty harmless to just smash a bud in a hair straightener. What is not listed here is the evolving “live resin” extraction process, where fresh plant material is freeze dried and the trichomes collected in sophisticated commercial equipment.https://www.medicaljane.com/category/cannabis-classroom/extractions-methods/#what-are-cannabis-extracts

Here is an article on a very recent National Academy of Sciences report on cannabis as medicine. The takeaway is that the lingering placement of cannabis as a Schedule 1 drug by the DEA impedes research. Doctors cannot prescribe Schedule 1 drugs, so in states that allow medical cannabis use, the attending clinician can only “recommend” use to treat a condition. While it is easy to acquire a recommendation, and many people do just to experience the high from the THC component of cannabis, many others enjoy relief from a variety of ailments found in the CBD and other cannabinoids produced by the plant.

Going forward on policy development regarding cannabis in Benicia. it is possible to approve cannabis products sales provided the THC content is under a baseline percentage, such as in hemp seeds, and assorted products made from high percentages of CBD and very low or non-existent THC. The downside to this approach is that people who want the THC experience will go to another city to get it, representing sales tax leakage. How much is anyone’s guess.http://www8.nationalacademies.org/onpinews/newsitem.aspx?RecordID=24625&_ga=1.221929560.198531318.1484963288

For you pet owners, here is an interesting product that you may want to consider, available online. Wouldn’t it be great if passing dogs on First Street did not growl at each other, or your neighbors dog didn’t bark all day while the owners were gone?https://www.treatibles.com
When you go to the “store locator” link, it lists a place in Benicia, but I don’t know if it is still open.

Since this thread has been up, I have encountered people on my twice daily tours of First Street that share my views on adult access to cannabis in Benicia. Like me, they are seniors who travel to another city to acquire their medicine. I know non-residents that would prefer to come to Benicia to acquire their medicine should we form policy based on Prop. 64. I have spoken with owners of cannabis businesses who are watching what we will do so they can apply for a license here.
One scenario is a temporary license to an established business for a 60 day trial. Community, staff, and PD can evaluate the trial from many perspectives to help elected officials make an informed decision in another 10+ months. Provided there is positive feedback for cannabis-related economic growth to include sales, product manufacturing, and research, the city council can extend the temporary license for starters. Most likely this will trigger more cannabis-related business starts and local investment.
I believe the trial license should be evaluated at a First Street site during the summer tourist season, since any 21 adult can acquire cannabis in our state. This seems to be an easy thing to put together so we can examine what cannabis in Benicia will look like.
Cannabis is said to be the new California Gold Rush. Hopefully, the City of Benicia will not be standing at the edge of the stream without a pan.http://www.huffingtonpost.com/entry/california-marijuana-legalization_us_577ad81ae4b0a629c1aa927a

Clinicians cannot prescribe a Schedule 1 drug. If you can have a phone conversation with your clinician, he/she may agree to mail you a “recommendation” to use cannabis for your specific ailment, or they may want you to visit them. There is a standard form most California clinicians use to recommend use. A year from now you will be able to walk into any place of business dealing in cannabis products and will not need a recommendation.

Our friends in Martinez, hometown of New York Yankee legend Joe DiMaggio, have a template for permitting medical cannabis businesses. Former City Manager Kilger is over there and I’m sure would be happy to consult on this issue. The only improvements I would offer are to adapt a hybrid model to include adult use per Prop. 64. and to remove all reference to “marijuana”. and start calling it cannabis.http://www.cityofmartinez.org/civicax/filebank/blobdload.aspx?BlobID=4756

The hybrid model which incorporates Prop 64 is the right approach for our City Council to pursue. We are losing many tax dollars to neighboring cities which allow cannabis businesses.
I also agree that our ordinance should refer to this great plant by its proper botanical name, Cannabis.

The rules for cannabis use in this state and others are a work in progress. Our Prop. 64 presumes only smoking of plant materials and concentrates to be the method of ingestion by adult users.. It makes no reference to edibles, tinctures, capsules, or topicals. As previously mentioned, the psychoactive THC cannabinoid is the boogeyman, even though various percentages of it combined with non-psychoactive cannabinoids produced in the plant resin are recognized to have medical treatment applications. Prop. 64 does not specify the percentage of THC content of plant or concentrates allowed. Some strains have low percentages of THC while others have very high ones. The same is true of other products made from concentrated cannabinoids. There is no accepted standard measure of THC content as a dose. Per Prop. 64, a 21 adult can possess up to an ounce of plant material or 8 grams of concentrates, but makes no provision for edibles, tinctures, capsules, or topicals. Some of these have low to moderate doses of THC in them, others have very high doses. An adult is limited to the amount of smokable cannabis, but can possess unlimited quantities of other products containing THC.
Dose control of THC is the key to the ambiguous “responsible use” by adults. In my opinion, 10-15mg THC is a low dose, 25mg a moderate dose, and 35+mg will most likely cement you to the couch with a bag of chips. Here is some commentary by the Mayo Clinic on dosing.http://www.mayoclinic.org/drugs-supplements/marijuana/dosing/hrb-20059701

One should also consider that the body processes THC differently depending on whether it is consumed or smoked. Consuming it can definitely lead to the couch cement condition far easier than smoking, as well as a longer lasting effect. Smoking it, on the other hand, usually leads to a plateau where increased dose only results in diminishing returns.

I have a particular interest in cannabis use in veterinary care. One of the things I’ve observed over the years on First Street is people and their dogs. I have observed the aging of many of these dogs, as their gait slows over time, to the point where owners carry smaller dogs or even use a baby stroller to take their beloved pet out with them. Then one day the owner is walking alone. I think about the sadness the owner feels and if the dog was comfortable at the end. These sentiments extend to all pets and larger animals with human caretakers.
As with human medical applications, cannabis use in veterinary care has abundant examples and owner testimonials about the efficacy of it. Although cannabis cannot yet be prescribed or recommended for use by veterinarians, the veterinary community agrees that more research needs to be done. The state has indicated millions in research grants from excise taxes collected from cannabis sales per Prop. 64. Hopefully, the UC Davis School of Veterinary Medicine will receive a grant to advance the knowledge of veterinary cannabis treatments. Here is an interesting article from the AVMA regarding cannabis use in veterinary care:https://www.avma.org/news/javmanews/pages/130615a.aspx

As previously mentioned, cannabis-based pet treats are already on the market in California. They are made from the hemp plant, which has a very low percentage of the psychoactive THC component. In our state, SB676 has passed the Assembly. It would create a four county pilot program to start up industrial hemp agriculture leading to a variety of products. Presently, hemp used in California veterinary edibles is imported from Colorado and elsewhere.https://krcb.org/california-update/industrial-hemp-farming-bill-passes-california-assembly

2016 saw significant progress on a national level in recognizing the medical benefits of cannabis. Although the DEA declined to re-schedule cannabis from Schedule 1, they did approve of cultivation of research cannabis outside of the federally funded farm at Ole Miss, as well as acknowledging the “gateway theory” was more opinion than fact. Congress gave authority to Veteran’s Administration doctors to discuss and recommend cannabis in states where medical cannabis is legal. California voters approved adult 21 “recreational” use by a 57% Yes, 43% No vote. Solano County saw approval win by 58% to 42%. Benicia voters approved Prop. 64 by an impressive 63% to 37%, a 24 point swing from Prop. 19 voting in 2010, when voters here approved by a narrow 51% to 49%, despite Prop. 19 losing at state and county levels.
In my opinion, the results of Prop. 64 voting in our city was similar to an advisory ballot measure for elected officials to be considerate of when re-visiting our present prohibition on cannabis in Benicia. Cannabis and industrial hemp production and processing will take their place along with almonds and olives in the world’s 6th largest economy. Cannabis/hemp related industries will be springing up all over the state. Cannabis-specific design and engineering firms are in growth mode. A wide assortment of ancillary business opportunities will start and prosper. Here is just one example of a new type of business specific to cannabis, and they are hiring architects, engineers, and project managers:http://hybridtech.us/employment-opportunities/

In my opinion, elected officials that disregard the will of the majority in this or any other city do so at their own peril at re-election time, Conversely, officials and new candidates that advocate for cannabis will fare well at the ballot box. Given the significant approval of Prop. 64 here, and the economic prosperity it will bring to this state, there is no good reason for elected officials to continue to prosecute the blockade on cannabis in Benicia. It is far more than somebody pushing a bag of weed across a counter and taking your money. We need new businesses in the industrial park, Seeno property, First Street, and Southampton. I would prefer a new cannabis-based economic plan that will give us more certainty than wondering if Valero will stay or not.

The state has just begun staffing an entire new division within the Department of Consumer Affairs. They will be hiring hundreds of people going forward. I encourage Benicia residents with an interest in employment with the state to create an account for a state job and follow the progress and staffing calls of the new division. This is a ground floor opportunity to work in the cannabis regulatory field.http://www.bmcr.ca.gov/

Another area of interest for me is gender equity in hiring and promotion. Women are swelling the ranks of senior executive roles related to “cannabusiness”, as well as owning and operating half of cannabis edibles businesses such as bakeries, confectioners, and chocolatiers. Long gone are the days of “pot brownies” that contained ground up plant matter and tasted like it. Modern cannabis edibles are based on concentrates of resins extracted from the plant, or cannabis butter bases. The dosage can be regulated per product depending on CBD:THC ratio of the plant strain used and the percentage of that used in the recipe.http://www.cannabusiness.com/news/financial-investment/cannabis-gender-cannabis-industry-magnet-women-executives/

The City of Benicia should spring for the $350 to send Mario Giuliani to SF this Friday to learn more about cannabusiness and network with people in the industry. The new head of the state bureau tasked with regulating cannabis in our state will speak.http://internationalcbc.com/icbc-san-francisco-2017-home/

Lastly, the 63% YES on Prop. 64 from Benicia voters is a mandate to lift the prohibition on cannabusiness in our town.